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Trinidad v. State

Court of Appeals Seventh District of Texas at Amarillo
May 14, 2013
No. 07-13-00106-CR (Tex. App. May. 14, 2013)

Opinion

No. 07-13-00106-CR No. 07-13-00107-CR

05-14-2013

ADAM LEWIS TRINIDAD, APPELLANT v. THE STATE OF TEXAS, APPELLEE


On Appeal from the 46th District Court

Wilbarger County, Texas

Trial Court No. 11-317, 11-318, Honorable Dan Mike Bird, Presiding


MEMORANDUM OPINION


Before CAMPBELL and HANCOCK and PIRTLE, JJ.

Appellant Adam Lewis Trinidad attempts to appeal his conviction and sentence for sexual assault of a child. The record indicates sentence was imposed on February 23, 2010. No motion for new trial was filed. A notice of appeal was not filed until April 3, 2013. By letter we notified the parties of our apparent lack of appellate jurisdiction, and set a deadline for the filing of documents or matters considered necessary for the Court to determine its jurisdiction. Counsel for appellant has responded with a motion requesting additional time.

If a motion for new trial is not filed, a notice of appeal must be filed within thirty days after the day sentence is imposed or suspended in open court. Tex. R. App. P. 26.2(a)(1). Appellant's notice of appeal was due by March 25, 2010. Because appellant's notice of appeal was filed more than three years after it was due, we have no jurisdiction over this appeal. See Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App. 1996). As we lack jurisdiction to address the merits of the appeal, we may take no action other than dismissal. See Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App. 1998); Olivo, 918 S.W.2d at 523; Hess v. State, No. 07-11-00359-CR; No. 07-11-00360-CR, 2011 Tex. App. Lexis 7720 (Tex.App.--Amarillo Sept. 26, 2011, no pet.) (mem. op.) (not designated for publication).

Appellant may be entitled to an out-of-time appeal by filing a post-conviction writ of habeas corpus returnable to the Texas Court of Criminal Appeals. Tex. Code Crim. Proc. Ann. art. 11.07, § 3 (West Supp. 2012).

Accordingly, we deny appellant's request for additional time and dismiss the appeal for want of jurisdiction.

James T. Campbell

Justice
Do not publish.


Summaries of

Trinidad v. State

Court of Appeals Seventh District of Texas at Amarillo
May 14, 2013
No. 07-13-00106-CR (Tex. App. May. 14, 2013)
Case details for

Trinidad v. State

Case Details

Full title:ADAM LEWIS TRINIDAD, APPELLANT v. THE STATE OF TEXAS, APPELLEE

Court:Court of Appeals Seventh District of Texas at Amarillo

Date published: May 14, 2013

Citations

No. 07-13-00106-CR (Tex. App. May. 14, 2013)